The Veteran's claim for an increased evaluation for residuals of fracture of the left distal fibula is being remanded due to a lack of substantial compliance with the Board's previous instructions, including obtaining an adequate and contemporaneous VA examination.
The deciding factor: The case was previously remanded by the Board in March 2007 for additional development, primarily to obtain a VA examination for compensation purposes. The current decision is based on the need for further compliance with these instructions.
- Claimed conditions
- fracture of the left distal fibula
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 1, 2009
- Citation
- 0932910
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Search VA.gov for the original decision (opens in a new tab) using citation 0932910.
What this means for you
A remand sends an issue back for more development, often a new examination or missing records. It does not award the benefit or decide the final outcome. The original decision explains the additional work ordered.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Veteran's claim for an increased evaluation for his left ankle disability, which is rated at 30 percent under the provisions of Diagnostic Code 5262 (impairment of tibia and fibula), has been denied as there is no evidence of nonunion or malunion of the fibula with marked ankle disability, nor ankylosis of the ankle.
- Denied
The Board denied the appellant's claims for increased evaluations of his left distal fibula and brachial plexus injuries, finding that prior to May 2, 2005, there was no evidence showing restriction of motion or arthritis in the ankle. The claim for a higher evaluation after May 1, 2005, also failed.
- Remanded (sent back)
The Veteran's appeal is being remanded to the RO for additional development, including scheduling a videoconference hearing.
- Denied
The Board denied an increased rating for the veteran's residuals of a fracture of the left distal fibula, finding that the disability is manifested by slight limitation of motion and no more than degenerative joint disease. The preponderance of evidence did not support a higher rating.
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